A U.S. appeals court ruled on Friday that the Justice Department could not enforce subpoenas seeking information about cases pursued by New York Attorney General Letitia James because it had unlawfully installed an ally of President Donald Trump as a top prosecutor.
The Manhattan-based 2nd U.S. Circuit Court of Appeals upheld on Friday in a 2-1 ruling a lower court's decision to bar Sarcone from investigating the case, finding he was unlawfully serving as the lead prosecutor on the probe.
A Justice Department spokesperson said in a statement, "We disagree with the court's decision, and intend to take this case to the Supreme Court."
James' office declined to comment.
CIVIL RIGHTS INVESTIGATION
Both Trump, a Republican, and the NRA were found liable following trials in cases brought by James, a Democrat. They said they were targeted for political purposes.
The subpoenas issued by Sarcone's office were part of a criminal investigation into potential civil rights violations associated with those cases, Reuters reported at the time. No charges have been filed.
James has denied wrongdoing and argued that the investigations are payback for suing Trump's family business.
In January, Manhattan-based U.S. District Judge Lorna Schofield found that a series of procedural maneuvers the Justice Department used to keep Sarcone in place as acting U.S. Attorney for the Northern District of New York after the federal court in that district declined to extend his 120-day interim appointment were improper.
That ruling weakened the Justice Department's efforts to pursue Trump's political enemies.
James had previously been indicted in Virginia on accusations that she provided misleading information on mortgage documents. That case was dismissed after a judge found the federal prosecutor who secured that indictment was also unlawfully appointed.
'POLITICAL STALEMATE'
Sarcone was named interim U.S. Attorney in Albany early in Trump's term. When his 120-day interim term expired on July 14, the judges in the Northern District of New York declined to extend his term.
The Justice Department then appointed Sarcone to other roles in the U.S. Attorney's office that he said gave him the authority to act as U.S. Attorney indefinitely.
Circuit Judges Guido Calabresi and Maria Kahn said that move circumvented the federal law governing how long presidential appointees can remain in their positions on a temporary basis. The judges were appointed by Democratic presidents Bill Clinton and Joe Biden, respectively.
Other U.S. appeals courts have similarly ruled that Trump-aligned U.S. Attorneys in Nevada and New Jersey had been unlawfully appointed.
In appealing Schofield's order, the Justice Department said the federal government had followed the rules for appointing temporary lead prosecutors.
In a dissent, Circuit Judge Michael Park, a Trump appointee, agreed, writing that Senate Democrats had been slow to confirm Trump's nominees for U.S. Attorney roles and that the law provided that the executive branch must be able to function during periods of "political stalemate."
